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HomeMy WebLinkAboutO-1984-1410 . I e e . ORDINANCE NO. 1410 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS UPON CERTAIN PARTS OF WEST MAIN STREET, FOR THE PURPOSE OF DESIGNATING MAXIMUM SPEED LIMITS UPON SAID PARTS OF WEST MAIN STREET: ESTABLISHING SCHOOL ZONES UPON CERTAIN PARTS OF WEST MAIN STREET AND UPON CERTAIN PARTS OF FARRINGTON BOULEVARD, FOR THE PURPOSE OF SPECIFICALLY DESIGNATING SAID SCHOOL ZONES AND THE MAXIMUM SPEED LIMITS APPLYING TO SAID SCHOOL ZONES AT THE TIME SPECIFIED HEREIN, AND FURTHER PROVIDING THAT THE CHIEF OF POLICE BE AUTHORIZED AND DIRECTED TO POST SIGNS AT BOTH ENDS OF SAID SPECIAL SPEED ZONES, INCLUDING SAID SPECIAL SCHOOL ZONES CREATED HEREIN IN SAID SPEED ZONES, ALL AS LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF LA PORTE: PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALLE BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED $200.00: PROVIDING A SEVERABILITY CLAUSE: FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW: AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, Article 670ld, Vernon's Texas Civil Statutes, provides that whenever the governing body of the City of La Porte shall deter- mine upon the basis of an engineering and traffic investigation that any prima facie speed limit therein set forth is greater or less than I is reasonable or safe under conditions found to exist at any inter- section or other place or upon any part of a street or highway within the City of La Porte, taking into consideration, but not limited to, the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic . thereon, said governing body may determine and declare a reasonable and safe prima facie speed limit thereat or thereon by the passage of an ordinance, which shall be effective when appropriate signage giving notice thereof is erected at such intersection or other place or part of said street or highway: and, WHEREAS, the City Council of the City of La Porte has directed that an Engineering and Traffic Investigation take place for the purpose of ascertaining reasonable and safe prima facie speed limits on certain street or highways within the City of La Porte: and WHEREAS, the results of said Engineering and Traffic Investi- gation have become known unto the City Council of the City of La Porte: and WHEREAS, the City Council of the City of La Porte finds that it . e . ORDINANCE NO. 1410 , Page 2 is consistent in promoting the health, safety, and welfare of the citizens of the City of La Porte to designate maximum speeds upon said certain streets and highways of the City of La Porte based upon the results of said Engineering and Traffic Investigation: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1. Upon the basis of an Engineering and Traffic Investi- gation heretofore made as authorized by the provisions of Article 670ld, Vernon's Texas Civil Statutes, the following maximum speed . limi ts hereafter indicated for vehicles are hereby determined and declared to be reasonable and prudent: and such speed limits are hereby . , fixed as the maximum rates of speed indicated for vehicles traveling upon the named streets and highways, or parts thereof, described as follows, and any speed in excess of the limits specified and during the times as set out shall be prima facie evidence that the speed is not reasonable and prudent and that it is unlawful, and that said speed limits upon the named streets and highways, or parts thereof, described as follows, are established pursuant to the Code of Ordinances, City of La Porte, Harris County, Texas, Chapter 25, Traffic, Article 2, Section 25-1 et sec. The above described speed limits are hereby fixed at the rate of speed indicated for vehicles traveling upon said named streets and highways, or parts thereof, described as follows, to wit: (A) Along West Main from State Highway 146 to a point 150 feet west of 26th Street (Sens Road), a distance of approxi- mately 1.0275 miles: the prima facie maximum speed limit is hereby established at 35 miles per hour. (B) Along West Main from a point 150 feet west of 26th Street (Sens Road) to Underwood Road, a distance of approximately 2.4148 miles: the prima facie maximum speed limit is hereby established at 40 miles per hour. (C) Special School Zones (I) Notwithstanding any other provisions of this ordinance, and not by way of limitation of any other heretofore properly designated school zones, it shall be unlawful for any person to drive any motor vehicle at any rate of speed in excess of 20 miles per hour at any of the following designated school zones: . . . , . e ORDINANCE NO. 1410 , Page 3 (a) Along West Main Street from a point 530 east of Farrington Boulevard to a point 280 west of Farrington Boulevard, a distance of approximately .1742 miles: (b) Along Farrington Boulevard from West Main Street to a point 850 feet south of West Main Street, a distance of approximately .1610 miles. (2) The speed limit established in this section shall be in effect between seven o'clock a.m. and nine o'clock a.m., and between two o'clock p.m. and four o'clock p.m., Monday through Friday of each week, from the first day of September, or the beginning of the school term, whichever event first occurs, until the last day of May immediately following, or the last day of school, whichever event last occurs, of each and every year when the school zone to which such limit applies is properly signed or posted as a school zone. Timed flashing lights, as well as fixed signs, may be used to sign or post a school zone, as directed by the Chief of Police of the City of La Porte. SECTION 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated: and that this meeting has been open to the public as reuqired by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of the City Council to have passed each section, sentence, phrase, clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. . . . I . . ORDINANCE NO. 1410 , Page 4 Section 4. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of this ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Section 5. All ordinances or parts of ordinances in conflict herewi th are hereby repealed to the extent of such conflict only. Section 6. This ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after the passage of this ordinance. PASSED AND APPROVED this the I day of C'lAA.F ' 1984. CITY OF LA PORTE fay Ald-4 Virginia Cline, Mayor ATTEST: (lk~~ City Secretary APPROVED: City Attorney